IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40006 of 2008
1. Amrendra Thakur, Son of late Prabhash Thakur.
2. Shailendra Thakur, Son of Amrendra Thakur
Both are resident of Village Rajpur, PS Behea, District Bhojpur, Ara.
3. Renu Devi, Wife of Ganesh Rai, Daughter of Ram Sigashan Thakur, Resident of Village
Rajapur, PS Semari, District Buxar
4. Jitendra Thakur, Son of Ram Sigashan Thakur, Resident of Village Rajpur, PS Behea,
District Bhojpur, Ara ----- Petitioners
Versus
1. The State Of Bihar.
2. Siyaram Thakur, Son of Dev Muni Thakur, Resident of Village Rajpur, PS Behea, District
Bhojpur, Ara. ----- Opposite Parties
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2 25.7.2011 This application has been filed against the order dated
2.7.2008 rejecting the discharge application of the petitioners.
Learned counsel for the petitioners points out to this Court
that there is a complete non-application of mind while passing the order.
The Court has not considered that the petitioner no. 3 (Reni Devi) who
is a lady could not have been held responsible for assault. It is
submitted on their behalf that even in the First Information Report,
prima facie case is not made out against the petitioner no. 3 inasmuch as
she has only been shown a member of the mob without making any
specific allegation against her.
I, therefore, quash the order only as far as petitioner no. 3 is
concerned. The Court is directed to pass a fresh order in case of Renu
Devi, Wife of Ganesh Rai.
Counsel for the petitioners may produce a copy of this order
within a period of one month on receipt of a copy of this order in
Sessions Trial No. 67 of 1997 before the Second Assistant Sessions
Judge, Bhojpur, Ara, who will pass appropriate order within a period of
one month from the date of receipt of a copy of this order failing which
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this application shall stand dismissed.
This application is disposed of with the aforesaid
observations and directions.
Sanjay (Sheema Ali Khan, J.)